Gizela Tuhurska The use of email for personal use (such as visiting social network sites and online shopping) is considered the most frequent forms of abuse of company resources. Employers are battling this trend through more consistent enforcement of codes of conduct and by closely monitoring how their employees use work time and resources. This means that various monitoring methods are being put into practice, such as checking employees' web traffic and the emails they send and receive, and even the installation of monitoring cameras. However, as there is fairly strict legislation in Slovakia regarding protection of privacy and personal data, as well as mandatory provisions in the Labour Code, employers' hands are tied to a certain extent and these forms of monitoring can only be employed in compliance with strictly defined conditions. That legislation has been reinforced this year by the adoption of a completely new Act on Personal Data Protection and an amendment to the Labour Code, which expressly governs the matter of monitoring employees in the workplace. Under existing legislation, employers can only employ monitoring in the workplace if there is a compelling reason, whether in respect of protecting the company's property, if the employee handles the company's production technology, or for the sake of safety in technologically difficult production processes. Although the consent of employee representatives (trade unions or works council) is not required for installing a monitoring system, by law the employer must consult them on this matter. Furthermore, no monitoring system can be put into place without notifying the employees as to the extent of the monitoring, how it will be conducted and how long it will last. There are no specifics as to how employees should be notified, but practice has shown that it is best to put it in writing as an internal guideline which all the employees will sign as proof they were made aware of it. That way, in the event of a law suit or an inspection by the Office for Personal Data Protection of the Slovak Republic, the employer will be able to demonstrate that it notified the employees in compliance with law.
January 24, 2014